11 WHEREAS, the sale of beer and wine for off-premise consumption is a customary use in 12 a drugstore, convenience stores and service stations; and

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1 1 2 ORDINANCE NO. [ 4 An Ordinance of the City Commission of the City of South Miami, amending 5 Section 4-2(a) of the City Code adding drugstores, convenience stores and 6 service stations as listed uses in the table of distance requirements regarding 7 alcohol sale. 8 9 WHEREAS, the Code of Ordinances currently does not provide for the sale of beer and 10 wine in drugstores, convenience stores and service stations; and 11 WHEREAS, the sale of beer and wine for off-premise consumption is a customary use in 12 a drugstore, convenience stores and service stations; and 1 WHEREAS, the City Commission is desirous of providing assistance to the commercial 14 areas of the City while mitigating adverse impacts, where possible, to surrounding properties. 15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 16 COMMISSION OF THE, FLORIDA: 17 Section 1. Section 4-2(a)(4) of the City of South Miami Code of Ordinances IS 18 hereby amended to read as follows: 19 Section Distance Requirements; nonconforming use; certificate of 20 occupancy (a) Distance requirements. (1) Distance from a church, school, or residential property shall be measured by following a straight horizontal line from the nearest point of the property line of the property on which the proposed licensed establishment is to be located to the nearest point of the property line of a church, school or residential property. (2) In all other cases, distance shall be measured by following a straight horizontal line from the nearest point of the perimeter wall of the proposed establishment to the nearest point of the perimeter wall of the existing establishment. () No premises shall be used for the sale of alcoholic beverages where the proposed licensed establishment is located less than the distance in feet from another use as indicated in the following chart: MIAMI /

2 Spllcingll~quire(l." '., ~ur~h' or,.;/..,/. '. i;... ' ljarsr '...' Gnlcery:. (fe~t»;/.;.": ;;S ~()91;;.iResi<l~~tI~I'" Restaurants..... Iotinge~. : Nightclub < (store. Restaurants Bar/lounge Nightclub Grocery store :WQQ 0 Supermarkets :WQQ 0 Package stores Gift baskets 0 0 Nonconforming uses 0 0 Drugstores 0 0 Convenience Stores :WQ 0 0 Service Stations 0 0 *The spacing between residential properties and restaurants, bar/lounges and nightclubs does not apply within the Hometown District., as '.vell as adjacent residential property outside of the Hometown District. The spacing requirements between restaurants, bar/lounges and nightclubs located within the Hometown District and residential properties located just outside the Hometown District, does not apply. to restaurants, bar/lounges and nightclubs located within the Hometovm District. (4) Exceptions from the aforementioned distance requirements from residential. Premises located in zoning districts which permit restaurants and which are located along Bird Road, Red Road, and u.s. 1 (South Dixie Highway) may serve non-distilled alcoholic beverages such as wine and beer, but no beverage containing distilled spirits, as part of an approved restaurant use provided: a) no bar is provided, b) food is served in conjunction with beer and wine within or upon the premises at approved seating only, c) the sale of wine and beer is less than half the total monthly sales, d) wine and beer are not removed from the premises, e) a permanent, opaque buffer is provided between the premises and any and all adjoining properties which are zoned residential, and f) for restaurants licensed after December 17, 201, wine and beer shall only be served between the hours of 11 :0 a.m. and midnight. Distance requirements from churches and schools shall be observed for all properties along Bird Road, Red Road, and u.s. 1 (South Dixie Highway). The restaurant shall provide the city with the restaurant's records of its sales of food and beverages upon demand of the city manager, or his designee, or of a city code enforcement employee. MIAMI /

3 1 (5) The restricted distances, listed in the subsection 4-2(a)() 2 schedule, between premises that sell wine and beer and another land use that is protected, shall not apply if the protected class of 4 land use, listed in the schedule, is located in a municipality other 5 than the City of South Miami and provided that the ordinances of 6 the adjacent, applicable municipality would not be violated if the 7 location of the and uses in question were reversed, i.e., the church 8 were located in South Miami and the proposed store or restaurant 9 selling wine and beer were located in Coral Gables. 10 Section 2. Codification. The provisions of this ordinance shall become and be made 11 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 12 ordinance may be renumbered or re-iettered to accomplish such intention; and that the word 1 "ordinance" may be changed to "section" or other appropriate word. 14 Section. Severability. If any section, clause, sentence, or phrase of this ordinance 15 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this 16 holding shall not affect the validity of the remaining portions of this ordinance. 17 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 18 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 19 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 20 that give the appearance of being in conflict when the two ordinances can be harmonized or 21 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 22 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 2 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 24 to harmonize the two ordinances shall be repealed. PASSED AND ENACTED this _ day of, ATTEST: APPROVED: CITY CLERK 1 st Reading - 2nd Reading - rd Reading - READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: MIAMI 44 I /45494

4 MiamiHerald.com I MIAMI HERALD GiveYolir Christmas Tree New Life... Recycle It I and Recycling Centers* or the West JVlI<'!mJ-U;mp Home Chemical Collection Center. Trees will be recycled into mulch. ALL BROUGHT IN FOR RECYCLING MUST BE OF TREE STANDS, LIGHTS, ORNAMEI\ITS, TINSEL j;;1 AND OTHER DECORATIONS. Mulch will be made available for free to area residents on a first-come,first-s~rved while supplies last, beginning around mid-januaj COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday. January beginning at 7:00 p.m., in the City Commission Chambers, 610 Sunset Drive, to consider the following item(s): ( A Resolution authorizing the City Manager to negotiate an agreement with ADP to provide payroll services, Human Resources and Time & Attendance integrated software solution. A Resolution authorizing the City Manager to entcr into a multi-year contract with Envirowastc Services Group, Inc. for storm drain system cleaning and maintenance services. An 'ordinance amending Section 4-2(a) of the City Code adding drugstores, convenience stores) and service stations as listed uses in the table of distance requirements regarding alcohol salc. An Ordinance amending Section of the City of South Miami's Land Development Code to add criteria for the City's approval of a plat or re-plat tentatively approved by the Miami-Dade County. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0lO5, the City hereby advises the puhlie that if a person decides to appeal any decision made by this Board Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made whieh record includes the t~stimony and evidence upon which the appeal is to be hased=.============:! CORAL GABLES Museum to expand progralti BY MONIQUE O. MADAN mmadan@miamiherald.com The Coral Gables Museum recently received $200,000 from the Florida Department of Education to expand its existing programs that focus on environmentally sensitive design. The "Green City Program" is focused on teaching future generations about designing environmentally sustainable communities. The program for K-12 students explores everything from what can be done at home to lower the carbon footprint to how to design a LEED-certified building, and ultimately, a green city. For more information, call Can't drop off your tree? Visit our website additional disposal.options. For a listing of Christmas tree drop-off locations and hours,a~d mulch availability locations, please... call -1-;1. or visit the Miami~Dade County Pu and Waste Management Departm MJAM~DADE. ~ Public Works and Waste Management Department RIVIERA DAY SCHOOL 6800 Nervia Street, Coral Gables, FL 146 I Tel RIVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue, Miami, FL 176 I Tel NCPSA, NIPSA

5 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florid a STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MA~'A ME~A, who on oath says that he or she is the LEG.AL CLERK, Legal Notices 01 the Miami Daily Business Review flk/a Miami Review, a daily (except Saturda Sunda ~:~~:g~1 H?~idayS) newspaper, published at Miamti'n Miam~Dade. y, on a, that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of ' PUBLIC HEARING - JANUARY 6, 2015 in the XXXX Court was published in said newspaper in the issues of 12/19/2014 Affiant further says that the said Miami Daily Business ~evlew IS a newspaper published at Miami in said Miami-Dade ounty, Flonda and that the said newspaper has ~~re~ofore been continuously published in said Miami-Dade County ano~lh a, ~ach day (except Saturday, Sunday and Legal Holidays), ff' as een.entered as second class mail matter at the post o Ice In Miami In said Miami-Dade County, Florida, lor a p~no~ ~ one year next preceding the first publication of the :h!c e cor; of advertisement; and affiant further says that he or any d~~~~1 h er paid nor promised any person, lirm or corporation. omm on or refund for the purpose cunng t ment I r publication in the said newspaper. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City 01 South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled lor Tuesday. January beginning at 7:00 p.m., in the City Commission Chambers, 610 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to negotiate an agreement with ADP to provide payroll services, Human Resources and Time & Attendance integrated software solution. A Resolution authorizing the City Manager to enter into a multi-year contract with Envirowaste Services Group, Inc. for storm drain system cleaning and maintenance services. An Ordinance amending Section 4-2(a) 01 the City Code adding drugstores, convenience stores and service stations as listed uses in the table of distance requirements regarding alcohol sale. An Ordinance amending Section the City of South Miami's Land Development Code to add criteria for the City's approval of a plat or re-plat tentatively approved by the Miami- Dade County. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes , the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim. record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based /28611M (SEAL)